Law

 

The right to self-determination is a universal and intrinsic human right. Governments govern by the consent of the governed. If the people wish to change the state under which they consent to live then it is their decision, and their decision alone, to change it according to their own needs and desires.

Legal institutions, chapters and constitutions the World over recognise and guarantee this right.

 

 

Constitution of the Republic of South Africa
Chapter 14. Section 235.

Recognises and Guarantees
“… the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic …”

  • The Cape fulfils all of the necessary criteria to achieve self-determination (independence).

 

 

United Nations Charter 1945

Chapter I: Purposes and Principles
Article 1

The Purposes of the United Nations are:


2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

 

 

 

United Nations

Self Determination: Principle & The Law

Declaration on the Granting of Independence to Colonial Countries and Peoples

Adopted by the UN General Assembly
Resolution 1514 (XV), 14 December 1960

 

Declaration



2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.
                                                            

 

 

International Covenant on Civil and Political Rights
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.

PART I
Article I

1.All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations

 

African Union (OAU)

African Charter on Human and Peoples Rights
Self Determination
Article 20

1. All peoples shall have the right to existence. They shall have the unquestionable and
inalienable right to self- determination. They shall freely determine their political
status and shall pursue their economic and social development according to the policy
they have freely chosen.

2. Colonized or oppressed peoples shall have the right to free themselves from the bonds
of domination by resorting to any means recognized by the international community.

3. All peoples shall have the right to the assistance of the States parties to the present
Charter in their liberation struggle against foreign domination, be it political,
economic or cultural.

 

 

……………………………….

 

Further legal documentation recognising the right to self-determination (secession/independence/autonomy) can be found amongst a great number of sources, however for this purpose there is more than sufficient excess detailing the legal framework which supports and guarantees the inalienable human right to self-determination.

(If direction toward further legal documentation supporting self-determination is necessary, contact the Head Office.)